Tripping The Light Cran-tastic: Ocean Spray Washes Away Attempted Class Certification

Class certification in false advertising cases often fails due to problems with the class itself such as ascertainability. But what happens when a class action plaintiff admits she didn't rely upon the purportedly deceptive claims in making her purchasing decision? A recent decision in California's "food court" may provide an answer.

In Major v. Ocean Spray Cranberries, Inc. before a federal court in the Northern District of California , the plaintiff alleged that Ocean Spray labeled its 100% juice products deceptively. Specifically, plaintiff claimed that Ocean Spray's 100% juice products boasted that they had "no sugar added," but, contrary to the requirements of 21 C.F.R. § 101.60(c)(2) which California adopted, the labels of these juices omitted a disclaimer that they were not a "low calorie" or "calorie reduced" food. Plaintiff alleged that this omission rendered the 100% juice labels misleading under California's Unfair Competition Law, False Advertising Law,